S1643-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S1643-2013 Memo

BILL NUMBER:S1643

TITLE  OF BILL:  An act to amend the public health law, in relation to
prohibiting smoking at playgrounds

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
place restrictions on smoking on playgrounds

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the  Public  Health  Law  by  adding  a  new  section
1399-0-1 that places smoking restrictions at playgrounds.

1.  Smoking  is  not  permitted between sunrise and sunset when one or
more persons under the age of 12 are present at  the  playground.  For
the  purposes  of  this  section, playground is defined as an improved
area designed, equipped, and  set  aside  for  play  by  six  or  more
children  and  is not intended to be used as an athletic playing field
or athletic court and shall include  any  play  equipment,  surfacing,
fencing,  signs,  internal  pathways, internal land forms, vegetation,
and  related   structures,   Playgrounds   or   playground   equipment
constructed  on  one,  two, and three-family residential real property
are exempt from the requirements of this section, This  section  shall
not apply to any playground located within the city of New York.

2.  No  police  officer,  peace  officer,  regulatory  officer  or law
enforcement officer may arrest, ticket, stop or  question  any  person
solely  or  in part on an alleged violation of subdivision one of this
section, nor may an alleged  violation  of  subdivision  one  of  this
section support probable cause to conduct any search ox limited search
of any person of his or her immediate surroundings.

JUSTIFICATION:  This  legislation is intended to protect the health of
children who are more vulnerable to the  ill  effects  of  second-hand
smoke  than adults. Historical data has consistently demonstrated that
children are significantly affected by second-hand smoke.  Second-hand
smoke  puts  them  at  risk  of  severe respiratory diseases and often
hinders the growth of their lungs. Second-hand  smoke  (SHS)  exposure
increases  the  risk  of  lower  respiratory  tract infections such as
bronchitis and pneumonia. The United States  Environmental  Protection
Agency  (EPA)  estimates  that  annually between 50,000 and 300,000 of
these  cases,  consisting  of  infants   and   young   children,   are
attributable  to SHS exposure. Between 7,500 and 15,000 of these cases
will result in hospitalization. SHS exposure impairs a child's ability
to learn. It is a neurotoxin even at extremely low levels.  More  than
2.9  million  children are estimated to be at risk of reading deficits
because of SHS. Higher levels of exposure to SHS are  also  associated
with greater deficiency in math and visuospatial reasoning.

Opinion  polls indicate that the vast majorities of the public support
smoking restrictions and ordinances  and  therefore,  laws  are  being
established to reflect this opinion. Most recently, New York State has
banned  smoking  on  train  platforms  New  York  City  has no smoking
regulations on all playgrounds, parks and some public  squares  as  of
2010.  Smoking  has been banned on domestic and international flights,
in most schools, restaurants, public transit, sections of beaches  and


various  indoor  facilities.  There were ordinances in more than 1,727
communities that ban or restrict smoking in indoor environments.

PRIOR LEGISLATIVE HISTORY:

S.7627 -2012- referred to Health; Passed the Assembly S.5005 - 2009-10
-  referred  to  Health; Passed the Assembly A.7469C -2007-08 - Passed
the Assembly S.7153 - 2006 - Referred to Health

FISCAL IMPLICATIONS: The fiscal implications  could  possibly  include
revenue gains by the regional and said jurisdictions.

EFFECTIVE  DATE: This act shall take effect on the ninetieth day after
it shall have become law.

S1643-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1643
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health
 

AN ACT to amend the public health law, in relation to prohibiting  smok
 ing at playgrounds
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The public health law is amended by adding  a  new  section
 1399-o-1 to read as follows:

 

S  1399-O-1. SMOKING RESTRICTIONS; CERTAIN OUTDOOR AREAS.  1.  SMOKING
 SHALL NOT BE PERMITTED AND  NO  PERSON  SHALL  SMOKE  DURING  THE  HOURS
 BETWEEN  SUNRISE  AND  SUNSET, WHEN ONE OR MORE PERSONS UNDER THE AGE OF
 TWELVE ARE PRESENT AT ANY PLAYGROUND.  FOR THE PURPOSES OF THIS SECTION,
 THE TERM "PLAYGROUND" MEANS AN IMPROVED AREA DESIGNED, EQUIPPED, AND SET
 ASIDE FOR PLAY OF SIX OR MORE CHILDREN WHICH IS NOT INTENDED FOR USE  AS
 AN  ATHLETIC PLAYING FIELD OR ATHLETIC COURT, AND SHALL INCLUDE ANY PLAY
 EQUIPMENT, SURFACING, FENCING, SIGNS, INTERNAL PATHWAYS,  INTERNAL  LAND
 FORMS,  VEGETATION,  AND  RELATED  STRUCTURES. PLAYGROUNDS OR PLAYGROUND
 EQUIPMENT CONSTRUCTED UPON ONE, TWO AND  THREE-FAMILY  RESIDENTIAL  REAL
 PROPERTY ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.  THIS SECTION
 SHALL NOT APPLY TO ANY PLAYGROUND LOCATED WITHIN THE CITY OF NEW YORK.
 2.  NO  POLICE  OFFICER,  PEACE  OFFICER,  REGULATORY  OFFICER  OR LAW
 ENFORCEMENT OFFICIAL MAY ARREST, TICKET, STOP  OR  QUESTION  ANY  PERSON
 BASED  SOLELY  OR  IN PART ON AN ALLEGED VIOLATION OF SUBDIVISION ONE OF
 THIS SECTION, NOR MAY AN ALLEGED VIOLATION OF SUBDIVISION  ONE  OF  THIS
 SECTION  SUPPORT  PROBABLE CAUSE TO CONDUCT ANY SEARCH OR LIMITED SEARCH
 OF ANY PERSON OR HIS OR HER IMMEDIATE SURROUNDINGS.
 

S 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04782-01-3

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